What is a breach of contract?

Whether it is written, oral, or implied, the elements for breach of contract are:

  1. parties capable of contracting,
  2. mutual consent,
  3. a lawful object,
  4. sufficient cause or consideration,
  5. plaintiff’s performance or excuse for failure to perform,
  6. defendant’s breach, and
  7. damages.

Civil Code §§ 1550, 1605; Stockton Mortgage, Inc. v. Tope (2014) 233 Cal.App.4th 437, 453; Gomez v. Lincare, Inc. (2009) 173 Cal.App.4th 508, 525.

“[E]very contract for service has an implicit term to perform the service in a competent and reasonable manner.” N.A. Chemical Co. v. Super. Ct. (1997) 59 Cal.App.4th 764, 774.

“A negligent failure to do so may be both a breach of contract and a tort.” Id. citing Perry v. Robertson (1988) 201 Cal.App.3d 333, 340.

A written contract must be pled verbatim in the body of the complaint, be attached to the complaint and incorporated by reference, or be pled according to its legal effect. Bowden v. Robinson (1977) 67 Cal.App.3d 705, 718.

Useful Rulings on Breach of Contract – General

Recent Rulings on Breach of Contract – General

1-25 of 10000 results

T-12 THREE, LLC VS. TURNER CONSTRUCTION COMPANY

Evolution Evolution manages the operations of the hotel pursuant to a management agreement with T-12 and is a party plaintiff to the First Cause of Action for Breach of Contract, and the Second Cause of Action for Negligence. Evolution is not a party to the express and implied warranty claims.

  • Hearing

    Apr 25, 2026

WEST COVINA CAR STOP, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS ROUND TABLE REMARKETING D.R.S., INC., A CALIFORNIA CORPORATION, ET AL.

On January 14, 2020, Plaintiff filed a complaint, asserting causes of action against Round Table, Ward and Does 1-50 for: Breach of Contract Account Stated Alter Ego Conversion On March 6, 2020, Round Table’s and Ward’s defaults were entered. A Case Management Conference is set for June 8, 2020. Discussion Plaintiff’s Application for Default Judgment is DENIED without prejudice. The following defects are noted: It is unclear how Ward would be personally liable.

  • Hearing

    Sep 23, 2020

  • Type

    Contract

  • Sub Type

    Breach

CITRUS OBSTETRICS & GYNECOLGY VS CITRUS VALLEY HEALTH

Issue No. 32: Plaintiff cannot establish its breach of contract claim because Plaintiff cannot show that Emanate used or disclosed any of its confidential information. (5th cause of action). Issue No. 33: Plaintiff cannot establish its breach of contract claim because Plaintiff cannot show any resulting damage by any alleged breach by Emanate. (5th cause of action).

  • Hearing

    Aug 06, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

CHANGLIANG DAI VS THOMAS CHEN, ET AL.

On September 5, 2019, Plaintiff filed a complaint, asserting causes of action against Chen, Tissuesco and Does 1-10 for: Breach of Contract Breach of Fiduciary Duty On October 23, 2019, Chen’s default was entered. Discussion The hearing on Plaintiff’s Application for Default Judgment is CONTINUED to September 2, 2020 8:30 a.m. The following defects are noted: Tissuesco’s default has not been entered.

  • Hearing

    Jul 31, 2020

  • Type

    Contract

  • Sub Type

    Breach

ANTHONY SAM VS RENEE KWAN ET AL

The causes of action in the FAC include (1) breach of fiduciary duty; (2) breach of contract; (3) quiet title/cancellation of instrument; (4) breach of covenant of good faith and fair dealing; (5) violations of Business and Professions Code sections 12700 et seq.; (6) escrow negligence; (7) fraud; (8) civil conspiracy; and (9) declaratory relief.

  • Hearing

    Jul 29, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

CHING FU CHANG, ET AL. VS PAN MING LEI, ET AL.

On August 8, 2019, Plaintiffs filed a complaint, asserting causes of action against Defendants and Does 1-20 for: Breach of Contract Breach of Implied Covenant of Good Faith and Fair Dealing Common Count Fraud Constructive Trust Unfair Business Practices Failure to Compensate for All Hours Worked in Violation of Labor Code § 1198 On October 3, 2019, Wu’s, Pan’s, ZHDI’s, Trend’s and Z&SHDI’s defaults were entered.

  • Hearing

    Jul 29, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ANNE SHOYKHET, ET AL. VS NATHALIE DUBOIS, ET AL.

First Cause of Action: Breach of Contract To state a cause of action for breach of contract, Plaintiff must be able to establish “(1) the existence of the contract, (2) plaintiff’s performance or excuse for nonperformance, (3) defendant’s breach, and (4) the resulting damages to the plaintiff.” (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.)

  • Hearing

    Jul 26, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MED CAFE CORP, A CALIFORNIA CORPORATION VS MOSTAFA KARIMBEIK, ET AL.

First Cause of Action: Breach of Written Contract To state a cause of action for breach of contract, Plaintiff must be able to establish “(1) the existence of the contract, (2) plaintiff’s performance or excuse for nonperformance, (3) defendant’s breach, and (4) the resulting damages to the plaintiff.” (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.)

  • Hearing

    Jul 26, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JOHNATHAN MOLTONI, ET AL. VS XTREME MOTOR SPORTS, INC., ET AL.

On May 7, 2019, Plaintiffs filed a complaint, asserting a cause of action against Defendants and Does 1-20 for: Breach of Contract Fraudulent Misrepresentation Negligent Misrepresentation Fraud—Concealment Violation of Business and Professions Code Section 17200 Conversion Unjust Enrichment Conspiracy Money Had and Received Negligence On June 24, 2019, Defendants’ defaults were entered. On October 24, 2019, Plaintiffs dismissed Xtreme, without prejudice.

  • Hearing

    Jul 23, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

LA LIVE PROPERTIES, LLC, A DELAWARE LIMITED LIABILITY COMPANY VS KA WAIKWAN, AN INDIVIDUAL, ET AL.

Plaintiff’s claim against Triple 8 Restaurant, LLC for breach of contract alleges that Triple 8 Restaurant, LLC, the tenant, breached the lease agreement with Plaintiff. Plaintiff’s claim against Defendants Kwan and Moy for breach of lease and personal guaranty of lease, alleges that Defendants Kwan and Moy breached their guaranty of lease with Plaintiff. (FAC, ¶¶ 22-37.)

  • Hearing

    Jul 23, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

LOREN NAUTA V. SUSAN MURPHY

The complaint sets forth causes of action for breach of contract and legal malpractice and arises out of Murphy’s representation of Nauta in connection with a pending foreclosure. On October 15, 2019, Murphy responded by filing a Motion for Change of Venue, which the Court granted on December 18, 2019. Nauta did not appear at the hearing. At the Court’s direction, Murphy mailed Nauta a Notice of Ruling that same day. Murphy then forwarded to Nauta a signed Order After Hearing on January 16, 2020.

  • Hearing

    Jul 22, 2020

AMERICAN RECOVERY SERVICE INCORPORATED, A CALIFORNIA CORPORATION AS ASSIGNEE OF STATE COMPENSATION INSURANCE FUND, A PUBLIC E VS QUINTANA CONSTRUCTION, INC.

Breach of Contract Defendant argues that Plaintiff’s breach of contract cause of action fails because the underlying contract was entered into between Defendant and the State Compensation Insurance Fund, and was never signed by Defendant. As a result, Defendant argues that Plaintiff does not have standing.

  • Hearing

    Jul 17, 2020

YOUNGMEE MERRICK VS EUNHEE CHOI

Rogers (1998) 65 Cal.App.4th 824 (A party is entitled to recover prejudgment interest from the first date there exists breach of contract and a liquidated claim.). Even if the interest amount were correctly added to the total compensatory damages, the Complaint and the declaration fail to show how Defendant owes $39,433.33 in interest payment because they do not show which months’ payments were defaulted.

  • Hearing

    Jul 17, 2020

CYNTHIA MARIA RIBAS VS BEAU MONDE ASSOCIATION, ET AL.

Breach of Contract and Covenant of Good Faith and Fair Dealing Defendants argue that Plaintiff has failed to allege sufficient facts to state a claim for breach of contract because she has failed to allege she suffered legally recognized damages. The elements for breach of contract cause of action are: (1) existence of contract; (2) plaintiff’s performance or excuse for nonperformance; (3) defendant’s breach (or anticipatory breach); and (4) resulting damage. (Wall Street Network, Ltd. v. N. Y.

  • Hearing

    Jul 17, 2020

CYNTHIA MARIA RIBAS VS BEAU MONDE ASSOCIATION, ET AL.

Breach of Contract and Covenant of Good Faith and Fair Dealing Defendants argue that Plaintiff has failed to allege sufficient facts to state a claim for breach of contract because she has failed to allege she suffered legally recognized damages. The elements for breach of contract cause of action are: (1) existence of contract; (2) plaintiff’s performance or excuse for nonperformance; (3) defendant’s breach (or anticipatory breach); and (4) resulting damage. (Wall Street Network, Ltd. v. N. Y.

  • Hearing

    Jul 17, 2020

RUTH XIAOYU ZHANG VS NESTOR H. LLERNA

Breach of Contract On January 26, 2018, the court granted The Llerenas’ motion for summary judgment. On February 9, 2018, the “Order Granting Defendants Nestor H. Llerena and Myrna T. Llerena’s Motion for Summary Judgment as to Plaintiffs’ First Amended Complaint” was filed. On February 26, 2018, Plaintiffs filed a Notice of Appeal.

  • Hearing

    Jul 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

GRACE ALBA, A MINOR, BY AND THROUGH HER GUARDIAN AD LITEM, SYLVIA ALBA VS SPARKLETTS, INC., A CORPORATION, ET AL.

(erroneously sued as Crystal Mountain) and Does 1-50 for: Negligence Negligence—Products Liability Strict Products Liability On June 19, 2019, DS Services and Costco filed a cross-complaint, asserting causes of action against Cross-Defendants Crystal Mountain International Limited and Roes 1-10 for: Implied Indemnity Contribution Express Indemnity Breach of Contract Declaratory Relief On October 3, 2019, this action was transferred from the personal injury hub (Department 5) to this department.

  • Hearing

    Jul 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

BENJAMIN F. POCO, ET AL. VS WORLD SAVINGS BANK, FSB, ET AL.

On June 3, 2019, Plaintiffs filed a complaint, asserting causes of action against Defendants Bank, All Persons Unknown Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in this Complaint Adverse to Plaintiff’s [sic] Title or Any Cloud on Plaintiff’s [sic] Title Thereto (“All Persons”) and Does 1-10 for: Quite [sic] Title Cancellation of Instruments Violation of the California Homeowners Bill of Rights (“HBOR”) Breach of Contract Violation of Court Approved

  • Hearing

    Jul 15, 2020

  • Type

    Real Property

  • Sub Type

    Quiet Title

RANCHO NUEVO HARVESTING, INC. V. MELONCO, LLC

Nature of Proceedings: Pretrial Writ of Attachment On January 15, 2020, plaintiff Rancho Nuevo Harvesting, Inc. filed a complaint on standard Judicial Council forms against defendant Melonco, LLC (Melonco), alleging two causes of action: 1) breach of contract; and 2) common counts. Plaintiffs asks for damages of $460,004.27, plus interest (with attorney’s fees as costs).

  • Hearing

    Jul 14, 2020

FEDORA BLISS, LLC VS JOHN LABIB + ASSOCIATES, A BUSINESS ENTITY, FORM UNKNOWN

On March 29, 2019, Plaintiff filed a first amended complaint (“FAC”) against Defendant for (1) breach of contract and (2) false promise. Plaintiff alleges it is the third-party beneficiary of a contract between KFA, LLP, an architect, and Defendant, an engineer, as part of a construction project. (FAC, ¶ 8.)

  • Hearing

    Jul 14, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

STEVEN JONES V. GARY CONWAY, ET AL.

Plaintiff’s first amended complaint (FAC) includes causes of action for (1) breach of contract, (2) intentional misrepresentation, (3) fraud, (4) money had and received, (5) quantum meruit, (6) declaratory relief, and (6) accounting. The parties’ dispute stems from a Contract for Consulting Services (the Contract), which the parties entered into on May 15, 2019. (FAC, ¶ 11.) Plaintiff alleges Defendants breached the Contract and failed to compensate Plaintiff for the work he performed under the Contract.

  • Hearing

    Jul 14, 2020

JEAN NDJONGO VS HENRY M. WILLIS, ET AL.

On July 12, 2019, Plaintiff filed a First Amended Complaint alleging eight causes of action: Breach of contract Fraud Misrepresentation Deceit (concealment) Accounting Quantum meruit Unjust enrichment Conversion On July 15, 2019, Plaintiff filed a Second Amended Complaint (“SAC”) without leave from the Court, alleging five causes of action: Breach of contract Fraud Misrepresentation Deceit (concealment) Negligent infliction of emotional distress On December 5, 2019, this Court sustained without

  • Hearing

    Jul 14, 2020

HILARY VON GERLACH VS. FRG PLAZA, LLC

Discussion 1st COA Breach of Contract: Defendant’s first argument as to the Dept. of Motor Vehicle (“DMV”) issued disability placard misconstrues the Court of Appeal opinion and the express language of the Lease. At the outset, the Court of Appeal opinion expressly opined that the allegations in the original Complaint’s claim for breach of contract was sufficient to plead the four elements of the claim. (Request for Judicial Notice (“RJN”) Exh. 7, pg. 10, Section 2.)

  • Hearing

    Jul 14, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

ILAN BITTON VS TYLER THORNTON, ET AL.

On October 9, 2019, Plaintiff Ilan Bitton commenced this action and then on December 18, 2019 filed a first amended complaint ("FAC") against Defendants Tyler Thornton, Sunfire Nutrition, LLC, and Greenfield Organix dba Loudpack Farms for (1) breach of contract; (2) declaratory judgment; (3) breach of fiduciary duty; (4) intentional interference with business contracts; and (5) negligent interference with prospective economic advantage.

  • Hearing

    Jul 14, 2020

CHAN WOO JANG VS YOUNG C OH, ET AL.

Breach of Loan Agreement (1st Cause of Action) The elements for a breach of contract cause of action are: (1) the contract; (2) plaintiff’s performance or excuse for nonperformance; (3) defendant’s breach; and (4) resulting damages. (Reichert v. General Ins. Co. (1968) 68 Cal.2d 822, 830.) In alleging a breach of contract cause of action, it is necessary to specify whether the contract is written, oral or implied by conduct. (See CCP § 430.10(g).)

  • Hearing

    Jul 14, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

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